Other conditions decisions — 2019

The appellant withdrew her appeal for accrued benefits, and the Board has dismissed it.

The Board has remanded the case due to a need for an upgrade in the character of the appellant's discharge from OTH conditions to general (under honorable conditions). The DD Form 214 reflecting this change is still not received.

The Board has granted the petition to reopen and found that the character of the Appellant's discharge from service is a bar to receiving VA benefits, as it was due to willful and persistent misconduct.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving DIC benefits, death pension, and accrued benefits due to her divorce from the Veteran prior to his death.

The Veteran's request for a waiver of overpayment of DEA benefits was denied because it was not filed within the 180-day deadline.

The Board denied an extension of the delimiting date for DEA benefits under Chapter 35, Title 38, United States Code because the appellant did not provide sufficient evidence to show she was prevented from completing her educational program due to a physical disability during the prescribed period.

The Veteran's back, right hand, memory, walking and standing problems are not related to the September 2008 VA treatment for pneumothorax. The Board finds that there is no evidence of an additional disability based on the care received.

The Board has remanded the case due to the need for additional development, specifically obtaining private treatment records from S. Clark at Partners in Primary Care.

The Veteran's left elbow disability is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted.

The Board has determined that the Veteran's infertility had its onset during his service, and therefore grants service connection for infertility.

The Veteran's claims for increased disability rating and TDIU are remanded due to the need for additional examinations.

The Veteran's nephrolithiasis has been rated at 30 percent, which is the maximum schedular rating available for this condition. The Board denied an increased rating as there was no evidence of renal dysfunction warranting a higher rating.

The Veteran withdrew his appeal regarding a retroactive payment for changes in spouse status, so the case is dismissed.

The Veteran's claim for a refund of $2700 in unused VEAP contributions is denied as the VA has already issued him a refund.

The Veteran's surviving spouse was awarded aid and attendance allowance, but died before receiving the benefits. The appellant filed a claim for accrued benefits on behalf of his mother (the deceased spouse), but failed to provide evidence that he paid any expenses related to her last illness or burial. As such, the appeal is denied.

The Veteran's death did not qualify for nonservice-connected burial benefits as he was not receiving VA compensation or pension at the time of his death and no original or reopened claim for such benefits was pending.

The Board denied service connection for the cause of the Veteran's death due to breast cancer, finding that her PTSD did not play a material causal role in her death. The Board concluded there was no evidence showing service-connected PTSD caused or contributed to her death.

The Board has remanded the claims for service connection for cause of death and entitlement to death pension due to a need for additional development, including obtaining an opinion from an oncologist regarding the etiology of the Veteran's cause of death.

The Veteran's prostate disorder, toenail fungus, and numbness of the arms and hands were all adjudicated. The prostate disorder was denied, the toenail fungus was granted, and the numbness of the arms and hands was denied. Additionally, several rating issues related to scars were remanded.

The Board has determined that a VA examination is needed to determine the cause of the Veteran's lower back disability, which may be related to service. The appeal will be remanded for this purpose.